The Director of Corporate Enforcement v Noel O'Gara

16 January 2009

Details of Defendant:
Noel O’Gara

Address:
Ballinahowen Court, Ballinahowen, Athlone, Co. Westmeath.

Venue:
Athlone District Court

Judge:
District Judge Malone

Alleged Offences:
Contrary to Section 187 (1) of the Companies Act 1990, Mr. O’Gara, practising under the name of "Noel O’Gara FCCA", acted as auditor of four companies when not qualified to do so. A total of nine charges was before the Court and these related to Mr. O’Gara acting as auditor for a total of nine separate financial years for the companies. Mr. O’Gara contested all the charges.

Outcome:
The nine charges, which were contested, were found to be proven. The Court convicted Mr. O'Gara on four of the charges, pursuant to Section 187 (6) and (9) of the Companies Act 1990, imposing fines totalling €3,200, and directed that the defendant pay €1,500 towards the costs of the prosecution. The remaining five charges were taken into consideration by the Court.
Mr. O’Gara indicated his intention to appeal the outcome and the Court fixed recognisances in the event of such an appeal.